constituent assembly of india debates (proceedings)- volume vii

should have powers similar to those conferred by the Chin Hills Regulations. The Provincial Government,
in their view, is not the proper custodian of such powers since they would be susceptible to the influence
of plains people. Experience in areas inhabited by other tribes shows that even where provincial laws
conferred protection on the land they have still been subjected to expropriation at the hands of moneylenders
and others. We consider therefore that the fears of the Hill People regarding unrestrained liberty
to outsiders to carry on money lending or other non-agricultural professions is not without justification
and we recognise also the depth of their feeling. We recommend accordingly that if the local councils so
decide by a majority of three fourths of their members, they introduce a system of licensing for moneylenders
and traders. They should not of course refuse licences to existing money-lenders and dealers and
any regulations framed by them should be restricted to regulating interest, prices or profit and the
maintenance of accounts and inspection.
16. MINES AND MINERALS -
The present position is that except in relation to the Khasi States all powers are vested in the
Provincial Government. The hill people strongly desire that revenues accruing from the exploitation of
minerals should not go entirely to the Provincial Government and that their Council should be entitled to
the benefits also. In order to ensure this they demand that control should be vested in them in one way
or another. We have considered this carefully keeping particularly in mind that the Khasi Hill States are
now entitled to half the royalties from minerals and feel that the demand of the hill should be met, not
by placing the management in their hands, but by recognising their right to a fair share of the revenue.
The mineral resources of the country are limited and it is recognised by us that the issue of licences and
leases to unsuitable persons is likely to result in unbusiness like working and devastation. We consider
that the best policy is to centralise the management of mineral resources in the hands of the Provincial
Government subject to the sharing of the revenue as aforesaid and also to the condition that no licences
or leases shall be given out by the Provincial Government except in consultation with the local Council.
17. LEGISLATION -
The position under the Government of India Act, 1935,has already been described. It has been
argued in some quarters that no provincial legislation should be applicable to the hills except with the
approval of the Hill Council. This, we consider, is a proposition which cannot be acceded to without
reservations. It is true that no legislation is now applicable without a notification by the Governor but the
Governor in practice would apply the legislation unless there is a reason why it should not be applied,
while the Council would probably be guided by other considerations. There are many matters in which
the legislature has jurisdiction which has nothing to do with special customs in the hills and to provide
that such legislation should not apply directly would only amount to obstruction or delaying the course of
legislation which ought to be applied. It may also frustrate the application of a uniform policy through the
whole province and subject everything to the limited vision of a local council. The Hill Districts will of
course have their representatives in the provincial legislature and we feel that a bar should be placed
only in the way of provincial legislation which deals with subjects in which the Hill Councils have
legislative powers or which are likely to affect social customs and laws. We consider therefore that there
is no need for a general restriction and we have provided accordingly for limited restriction in Clause L*
of Appendix A to this Part. We have also included in this draft a clause concerning the drinking of ricebeer
which is very much a part of the hill people's life. We feel that the Council should have liberty to
permit or prohibit this according to the wishes of the people. We would draw attention to the fact that
the rice-beer (Zu or Laopani) is not a distilled liquor and that its consumption is not deleterious to the
same extent as distilled liquor consumed by tribes in other areas.
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* Reference to pages are to pages in the original reports.